The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-07-28


acted at the recent session of the Legislature, in
regard to whose duty it was to register persons
desiring TO become qualified electors, the Gov
ernor submitted them 10 the Attorney General
and below will be found his opinion upon the
subject:
OFFICE OF ATTORNEY GENERAL,
TALLAHASSEE, FLA, July 25th, 1887.
Hon. E. A. Perry, Gocernor:
SIR: In reply to the questions referred TO me
by you concerning Chapter 300, Laws of Flori-
da, entitled IAN Act to Provide for the Proper
Enforcement of the Provisions of Article XIX of
the Constitution Of 1885" and Chapter 3704, the
latter being the general registration and election
act, have the honor to submit the following:
The first mentioned act, Chapter 300, went
into effect Immediately upon its approval by the
Governor, which was June Q, 1887, the latter,
Chapter 3704, does not go into effect until Au-
gust 8, 1887 Any election which may he held
in any county prior to August 3, 1887, under
Chapter 800, 10 determine whether or not the
liquors specified in said act may be sole therein,
Is 10 be conducted in accordance with the cleo
ten laws compiled in Chapter 90, Of McClellan's
Digest, and in accordance with said Chapter
800. 50, where such an election has been
called In any county, persons entitled to regsira
tion may be registered under the authority of
the Clerk of the Circuit Court, as provided in
Chapter 300, until August 8, 1887. After Au-
w,
ter 1904, becomes operative This act was passed
by the Legislature and was approved by the
Governor3subseque to the passage and appro-
val of Chapter 800, and is, moreover, a general
act, obviously intended to be paramount upon
the subject of registration, and also as to cleo
tons, 80 far as lis provisions cover the same.
On and after August 8, 1887 such special cleo
tons, to determine whether or not liquors NAV
be sold, are to be conducted in accordance with
the provisions of Chapters 800 and 37O4, both
to be given effect so for applicable and 80 far
as they can be reconciled; that is to say, the
general election law will have to be followed in
all matters not specially provided for in the local
option law, and wherever there is special provis-
ion 10 the local option law 1t will have TO he fol-
lowed unless such provision Is 30 in conflict with
the general election law that both cannot he exc
cuted, in which case the general election law
Chapter 1904, must prevail. The only particular
in which see such conflict is In the matter of
registration, Chapter S7e0 providing tor regisira.
ton under direction of the Clerk as therein spec
flied, whereas Chapter 3704 gives exclusive
charge of registration TO the Supervisors of Reg
stration of electors for the several counties, and
in section thereof makes provision for regi. ira.
ton with him for any special election. In the
matter Of registration, therefore, Chapter 87O4
must prevail; and on and after August 8, 1887,
registration for such special election must be
had in accor dance with its provisions, to wit:
the Office OF the Supervisor of Registration after
the ordering ct any time, and ten days before the
holding, of any special election held in any
county"
do not understand that any person whose
name shall be properly upon the list of registered
voters, when the new election law, Chapter 87O4.
goes into effect, will be required to register
anew but, on the contrary, understand that
II will be the duty Of the Supervisor of Regis
tration Of the county to obtain from the CLERK
thereof the list of voters already registered, and
to copy the same into the new registration
books. Very respectfully,
9. n. CoopRn,
Attornev. Canaral